[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2799 Reported in Senate (RS)]






                                                       Calendar No. 635
107th CONGRESS
  2d Session
                                S. 2799

                          [Report No. 107-298]

To provide for the use and distribution of certain funds awarded to the 
   Gila River Pima-Maricopa Indian Community, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2002

  Mr. McCain introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

                            October 4, 2002

               Reported by Mr. Inouye, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To provide for the use and distribution of certain funds awarded to the 
   Gila River Pima-Maricopa Indian Community, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Gila 
River Indian Community Judgment Fund Distribution Act of 
2002''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Definitions.
        <DELETED>TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION

<DELETED>Sec. 101. Distribution of judgment funds.
<DELETED>Sec. 102. Responsibility of Secretary; applicable law.
<DELETED>TITLE II--CONDITIONS RELATING TO COMMUNITY JUDGMENT FUND PLANS

<DELETED>Sec. 201. Plan for use and distribution of judgment funds 
                            awarded in Docket No. 228.
<DELETED>Sec. 202. Plan for use and distribution of judgment funds 
                            awarded in Docket No. 236-N.
              <DELETED>TITLE III--EXPERT ASSISTANCE LOANS

<DELETED>Sec. 301. Waiver of repayment of expert assistance loans to 
                            certain Indian tribes.

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) on August 8, 1951, the Gila River Indian 
        Community filed a complaint before the Indian Claims Commission 
        in Gila River Pima-Maricopa Indian Community v. United States, 
        Docket No. 236, for the failure of the United States to carry 
        out its obligation to protect the use by the Community of water 
        from the Gila River and the Salt River in the State of 
        Arizona;</DELETED>
        <DELETED>    (2) except for Docket Nos. 236-C and 236-D, which 
        remain undistributed, all 14 original dockets under Docket No. 
        236 have been resolved and distributed;</DELETED>
        <DELETED>    (3) in Gila River Pima-Maricopa Indian Community 
        v. United States, 29 Ind. Cl. Comm. 144 (1972), the Indian 
        Claims Commission held that the United States, as trustee, was 
        liable to the Community with respect to the claims made in 
        Docket No. 236-C;</DELETED>
        <DELETED>    (4) in Gila River Pima-Maricopa Indian Community 
        v. United States, 684 F.2d 852 (1982), the United States Claims 
        Court held that the United States, as trustee, was liable to 
        the Community with respect to the claims made in Docket No. 
        236-D;</DELETED>
        <DELETED>    (5) with the approval of the Community under 
        Community Resolution GR-98-98, the Community entered into a 
        settlement with the United States on April 27, 1999, for claims 
        made under Dockets Nos. 236-C and 236-D for an aggregate total 
        of $7,000,000;</DELETED>
        <DELETED>    (6) on May 3, 1999, the United States Court of 
        Federal Claims ordered that a final judgment be entered in 
        consolidated Dockets Nos. 236-C and 236-D for $7,000,000 in 
        favor of the Community and against the United States;</DELETED>
        <DELETED>    (7)(A) on October 6, 1999, the Department of the 
        Treasury certified the payment of $7,000,000, less attorney 
        fees, to be deposited in a trust account on behalf of the 
        Community; and</DELETED>
        <DELETED>    (B) that payment was deposited in a trust account 
        managed by the Office of Trust Funds Management of the 
        Department of the Interior; and</DELETED>
        <DELETED>    (8) in accordance with the Indian Tribal Judgment 
        Funds Use or Distribution Act (25 U.S.C. 1401 et seq.), the 
        Secretary is required to submit an Indian judgment fund use or 
        distribution plan to Congress for approval.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Adult.--The term ``adult'' means an individual 
        who--</DELETED>
                <DELETED>    (A) is 18 years of age or older as of the 
                date on which the payment roll is approved by the 
                Community; or</DELETED>
                <DELETED>    (B) will reach 18 years of age not later 
                than 30 days after the date on which the payment roll 
                is approved by the Community.</DELETED>
        <DELETED>    (2) Community.--The term ``Community'' means the 
        Gila River Indian Community.</DELETED>
        <DELETED>    (3) Community-owned funds.--The term ``Community-
        owned funds'' means--</DELETED>
                <DELETED>    (A) funds held in trust by the Secretary 
                as of the date of enactment of this Act that may be 
                made available to make payments under section 101; 
                or</DELETED>
                <DELETED>    (B) revenues held by the Community that 
                are derived from Community-owned enterprises.</DELETED>
        <DELETED>    (4) IIM account.--The term ``IIM account'' means 
        an individual Indian money account.</DELETED>
        <DELETED>    (5) Judgment funds.--The term ``judgment funds'' 
        means the aggregate amount awarded to the Community by the 
        Court of Federal Claims in Dockets Nos. 236-C and 236-
        D.</DELETED>
        <DELETED>    (6) Legally incompetent individual.--The term 
        ``legally incompetent individual'' means an individual who has 
        been determined to be incapable of managing his or her own 
        affairs by a court of competent jurisdiction.</DELETED>
        <DELETED>    (7) Minor.--The term ``minor'' means an individual 
        who is not an adult.</DELETED>
        <DELETED>    (8) Payment roll.--The term ``payment roll'' means 
        the list of eligible, enrolled members of the Community who are 
        eligible to receive a payment under section 101(a), as prepared 
        by the Community under section 101(b).</DELETED>
        <DELETED>    (9) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

   <DELETED>TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION</DELETED>

<DELETED>SEC. 101. DISTRIBUTION OF JUDGMENT FUNDS.</DELETED>

<DELETED>    (a) Per Capita Payments.--Notwithstanding the Indian 
Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) 
or any other provision of law (including any regulation promulgated or 
plan developed under such a law), the amounts paid in satisfaction of 
an award granted to the Gila River Indian Community in Dockets Nos. 
236-C and 236-D before the United States Court of Federal Claims, less 
attorney fees and litigation expenses and including all accrued 
interest, shall be distributed in the form of per capita payments (in 
amounts as equal as practicable) to all eligible enrolled members of 
the Community.</DELETED>
<DELETED>    (b) Preparation of Payment Roll.--</DELETED>
        <DELETED>    (1) In general.--The Community shall prepare a 
        payment roll of eligible, enrolled members of the Community 
        that are eligible to receive payments under this section in 
        accordance with the criteria described in paragraph 
        (2).</DELETED>
        <DELETED>    (2) Criteria.--</DELETED>
                <DELETED>    (A) Individuals eligible to receive 
                payments.--Subject to subparagraph (B), the following 
                individuals shall be eligible to be listed on the 
                payment roll and eligible to receive a per capita 
                payment under subsection (a):</DELETED>
                        <DELETED>    (i) All enrolled Community members 
                        who are eligible to be listed on the per capita 
                        payment roll that was approved by the Secretary 
                        for the distribution of the funds awarded to 
                        the Community in Docket No. 236-N (including 
                        any individual who was inadvertently omitted 
                        from that roll).</DELETED>
                        <DELETED>    (ii) All enrolled Community 
                        members who are living on the date of enactment 
                        of this Act.</DELETED>
                        <DELETED>    (iii) All enrolled Community 
                        members who died--</DELETED>
                                <DELETED>    (I) after the effective 
                                date of the payment plan for Docket No. 
                                236-N; but</DELETED>
                                <DELETED>    (II) on or before the date 
                                of enactment of this Act.</DELETED>
                <DELETED>    (B) Individuals ineligible to receive 
                payments.--The following individuals shall be 
                ineligible to be listed on the payment roll and 
                ineligible to receive a per capita payment under 
                subsection (a):</DELETED>
                        <DELETED>    (i) Any individual who, before the 
                        date on which the Community approves the 
                        payment roll, relinquished membership in the 
                        Community.</DELETED>
                        <DELETED>    (ii) Any minor who relinquishes 
                        membership in the Community, or whose parent or 
                        legal guardian relinquishes membership on 
                        behalf of the minor, before the date on which 
                        the minor reaches 18 years of age.</DELETED>
                        <DELETED>    (iii) Any individual who is 
                        disenrolled by the Community for just cause 
                        (such as dual enrollment or failure to meet the 
                        eligibility requirements for 
                        enrollment).</DELETED>
                        <DELETED>    (iv) Any individual who is 
                        determined or certified by the Secretary to be 
                        eligible to receive a per capita payment of 
                        funds relating to a judgment--</DELETED>
                                <DELETED>    (I) awarded to another 
                                community, Indian tribe, or tribal 
                                entity; and</DELETED>
                                <DELETED>    (II) appropriated on or 
                                before the date of enactment of this 
                                Act.</DELETED>
                        <DELETED>    (v) Any individual who is not 
                        enrolled as a member of the Community on or 
                        before the date that is 90 days after the date 
                        of enactment of this Act.</DELETED>
<DELETED>    (c) Notice to Secretary.--On approval by the Community of 
the payment roll, the Community shall submit to the Secretary a notice 
that indicates the total number of individuals eligible to share in the 
per capita distribution under subsection (a), as expressed in 
subdivisions that reflect--</DELETED>
        <DELETED>    (1) the number of shares that are attributable to 
        eligible living adult Community members; and</DELETED>
        <DELETED>    (2) the number of shares that are attributable to 
        deceased individuals, legally incompetent individuals, and 
        minors.</DELETED>
<DELETED>    (d) Information Provided to Secretary.--The Community 
shall provide to the Secretary enrollment information necessary to 
allow the Secretary to establish--</DELETED>
        <DELETED>    (1) estate accounts for deceased individuals 
        described in subsection (c)(2); and</DELETED>
        <DELETED>    (2) IIM accounts for legally incompetent 
        individuals and minors described in subsection 
        (c)(2).</DELETED>
<DELETED>    (e) Disbursement of Funds.--</DELETED>
        <DELETED>    (1) In general.--Not later than 30 days after the 
        date on which the payment roll is approved by the Community and 
        the Community has reconciled the number of shares that belong 
        in each payment subdivision described in subsection (c), the 
        Secretary shall disburse to the Community the funds necessary 
        to make the per capita distribution under subsection (a) to 
        eligible living adult members of the Community described in 
        subsection (c)(1).</DELETED>
        <DELETED>    (2) Administration and distribution.--On 
        disbursement of the funds under paragraph (1), the Community 
        shall bear sole responsibility for administration and 
        distribution of the funds.</DELETED>
<DELETED>    (f) Shares of Deceased Individuals.--</DELETED>
        <DELETED>    (1) In general.--The Secretary, in accordance with 
        regulations promulgated by the Secretary and in effect as of 
        the date of enactment of this Act, shall distribute to the 
        appropriate heirs and legatees of deceased individuals 
        described in subsection (c)(2) the per capita shares of those 
        deceased individuals.</DELETED>
        <DELETED>    (2) Absence of heirs and legatees.--If the 
        Secretary and the Community make a final determination that a 
        deceased individual described in subsection (c)(2) has no heirs 
        or legatees, the per capita share of the deceased individual 
        and the interest earned on that share shall--</DELETED>
                <DELETED>    (A) revert to the Community; and</DELETED>
                <DELETED>    (B) be deposited into the general fund of 
                the Community.</DELETED>
<DELETED>    (g) Shares of Legally Incompetent Individuals.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall deposit the 
        shares of legally incompetent individuals described in 
        subsection (c)(2) in supervised IIM accounts.</DELETED>
        <DELETED>    (2) Administration.--The IIM accounts described in 
        paragraph (1) shall be administered in accordance with 
        regulations and procedures established by the Secretary and in 
        effect as of the date of enactment of this Act.</DELETED>
<DELETED>    (h) Shares of Minors.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall deposit the 
        shares of minors described in subsection (c)(2) in supervised 
        IIM accounts.</DELETED>
        <DELETED>    (2) Administration.--</DELETED>
                <DELETED>    (A) In general.--The Secretary shall hold 
                the per capita share of a minor described in subsection 
                (c)(2) in trust until such date as the minor reaches 18 
                years of age.</DELETED>
                <DELETED>    (B) Nonapplicable law.--Section 3(b)(3) of 
                the Indian Tribal Judgment Funds Use or Distribution 
                Act (25 U.S.C. 1403(b)(3)) shall not apply to any per 
                capita share of a minor that is held by the Secretary 
                under this Act.</DELETED>
                <DELETED>    (C) Disbursement.--No judgment funds, nor 
                any interest earned on judgment funds, shall be 
                disbursed from the account of a minor described in 
                subsection (c)(2) until such date as the minor reaches 
                18 years of age.</DELETED>
<DELETED>    (i) Payment of Eligible Individuals Not Listed on Payment 
Roll.--</DELETED>
        <DELETED>    (1) In general.--An individual who is not listed 
        on the payment roll, but is eligible to receive a payment under 
        this Act, as determined by the Community, may be paid from any 
        remaining judgment funds after the date on which--</DELETED>
                <DELETED>    (A) the Community makes the per capita 
                distribution under subsection (a); and</DELETED>
                <DELETED>    (B) all appropriate IIM accounts are 
                established under subsections (g) and (h).</DELETED>
        <DELETED>    (2) Insufficient funds.--If insufficient judgment 
        funds remain to cover the cost of a payment described in 
        paragraph (1), the Community may use Community-owned funds to 
        make the payment.</DELETED>
        <DELETED>    (3) Minors, legally incompetent individuals, and 
        deceased individuals.--In a case in which a payment described 
        in paragraph (2) is to be made to a minor, a legally 
        incompetent individual, or a deceased individual, the 
        Secretary--</DELETED>
                <DELETED>    (A) is authorized to accept and deposit 
                funds from the payment in an IIM account or estate 
                account established for the minor, legally incompetent 
                individual, or deceased individual; and</DELETED>
                <DELETED>    (B) shall invest those funds in accordance 
                with applicable law.</DELETED>
<DELETED>    (j) Use of Residual Funds.--On request by the Community, 
any judgment funds remaining after the date on which the Community 
completes the per capita distribution under subsection (a) and makes 
any appropriate payments under subsection (i) shall be disbursed to, 
and deposited in the general fund of, the Community.</DELETED>
<DELETED>    (k) Nonapplicability of Certain Law.--Notwithstanding any 
other provision of law, the Indian Gaming Regulatory Act (25 U.S.C. 
2701 et seq.) shall not apply to Community-owned funds used by the 
Community to make payments under subsection (i).</DELETED>

<DELETED>SEC. 102. RESPONSIBILITY OF SECRETARY; APPLICABLE 
              LAW.</DELETED>

<DELETED>    (a) Responsibility for Funds--After the date on which 
funds are disbursed to the Community under section 101(e)(1), the 
United States and the Secretary shall have no trust responsibility for 
the investment, supervision, administration, or expenditure of the 
funds disbursed.</DELETED>
<DELETED>    (b) Deceased and Legally Incompetent Individuals.--Funds 
subject to subsections (f) and (g) of section 101 shall continue to be 
held in trust by the Secretary until the date on which those funds are 
disbursed under this Act.</DELETED>
<DELETED>    (c) Applicability of Other Law.--Except as otherwise 
provided in this Act, all funds distributed under this Act shall be 
subject to sections 7 and 8 of the Indian Tribal Judgment Funds Use or 
Distribution Act (25 U.S.C. 1407, 1408).</DELETED>

   <DELETED>TITLE II--CONDITIONS RELATING TO COMMUNITY JUDGMENT FUND 
                            PLANS</DELETED>

<DELETED>SEC. 201. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS 
              AWARDED IN DOCKET NO. 228.</DELETED>

<DELETED>    (a) Definition of Plan.--In this section, the term 
``plan'' means the plan for the use and distribution of judgment funds 
awarded to the Community in Docket No. 228 of the United States Claims 
Court (52 Fed. Reg. 6887 (March 5, 1987)), as modified in accordance 
with Public Law 99-493 (100 Stat. 1241).</DELETED>
<DELETED>    (b) Conditions.--Notwithstanding any other provision of 
law, the Community shall modify the plan to include the following 
conditions with respect to funds distributed under the plan:</DELETED>
        <DELETED>    (1) Applicability of other law relating to 
        minors.--Section 3(b)(3) of the Indian Tribal Judgment Funds 
        Use or Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply 
        to any per capita share of a minor that is held, as of the date 
        of enactment of this Act, by the Secretary.</DELETED>
        <DELETED>    (2) Share of minors in trust.--The Secretary shall 
        hold a per capita share of a minor described in paragraph (1) 
        in trust until such date as the minor reaches 18 years of 
        age.</DELETED>
        <DELETED>    (3) Disbursal of funds for minors.--No judgment 
        funds, nor any interest earned on judgment funds, shall be 
        disbursed from the account of a minor described in paragraph 
        (1) until such date as the minor reaches 18 years of 
        age.</DELETED>
        <DELETED>    (4) Use of remaining judgment funds.--On request 
        by the governing body of the Community, as manifested by the 
        appropriate tribal council resolution, any judgment funds 
        remaining after the date of completion of the per capita 
        distribution under section 101(a) shall be disbursed to, and 
        deposited in the general fund of, the Community.</DELETED>

<DELETED>SEC. 202. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS 
              AWARDED IN DOCKET NO. 236-N.</DELETED>

<DELETED>    (a) Definition of Plan.--In this section, the term 
``plan'' means the plan for the use and distribution of judgment funds 
awarded to the Community in Docket No. 236-N of the United States Court 
of Federal Claims (59 Fed. Reg. 31092 (June 16, 1994)).</DELETED>
<DELETED>    (b) Conditions.--</DELETED>
        <DELETED>    (1) Per capita aspect.--Notwithstanding any other 
        provision of law, the Community shall modify the last sentence 
        of the paragraph under the heading ``Per Capita Aspect'' in the 
        plan to read as follows: ``Upon request from the Community, any 
        residual principal and interest funds remaining after the 
        Community has declared the per capita distribution complete 
        shall be disbursed to, and deposited in the general fund of, 
        the Community.''.</DELETED>
        <DELETED>    (2) General provisions.--Notwithstanding any other 
        provision of law, the Community shall--</DELETED>
                <DELETED>    (A) modify the third sentence of the first 
                paragraph under the heading ``General Provisions'' of 
                the plan to strike the word ``minors''; and</DELETED>
                <DELETED>    (B) insert between the first and second 
                paragraphs under that heading the following:</DELETED>
        <DELETED>``Section 3(b)(3) of the Indian Tribal Judgment Funds 
        Use or Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply 
        to any per capita share of a minor that is held, as of the date 
        of enactment of the Gila River Indian Community Judgment Fund 
        Distribution Act of 2002, by the Secretary. The Secretary shall 
        hold a per capita share of a minor in trust until such date as 
        the minor reaches 18 years of age. No judgment funds, or any 
        interest earned on judgment funds, shall be disbursed from the 
        account of a minor until such date as the minor reaches 18 
        years of age.''.</DELETED>

         <DELETED>TITLE III--EXPERT ASSISTANCE LOANS</DELETED>

<DELETED>SEC. 301. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO 
              CERTAIN INDIAN TRIBES.</DELETED>

<DELETED>    (a) Gila River Indian Community.--Notwithstanding any 
other provision of law--</DELETED>
        <DELETED>    (1) the balance of all outstanding expert 
        assistance loans made to the Community under Public Law 88-168 
        (77 Stat. 301) and relating to Gila River Indian Community v. 
        United States (United States Court of Federal Claims Docket 
        Nos. 228 and 236 and associated subdockets) are canceled; 
        and</DELETED>
        <DELETED>    (2) the Secretary shall take such action as is 
        necessary--</DELETED>
                <DELETED>    (A) to document the cancellation of loans 
                under paragraph (1); and</DELETED>
                <DELETED>    (B) to release the Community from any 
                liability associated with those loans.</DELETED>
<DELETED>    (b) Oglala Sioux Tribe.--Notwithstanding any other 
provision of law--</DELETED>
        <DELETED>    (1) the balances of all outstanding expert 
        assistance loans made to the Oglala Sioux Tribe under Public 
        Law 88-168 (77 Stat. 301) and relating to Oglala Sioux Tribe v. 
        United States (United States Court of Federal Claims Docket No. 
        117 and associated subdockets) are canceled; and</DELETED>
        <DELETED>    (2) the Secretary shall take such action as is 
        necessary--</DELETED>
                <DELETED>    (A) to document the cancellation of loans 
                under paragraph (1); and</DELETED>
                <DELETED>    (B) to release the Oglala Sioux Tribe from 
                any liability associated with those loans.</DELETED>
<DELETED>    (c) Seminole Nation of Oklahoma.--Notwithstanding any 
other provision of law--</DELETED>
        <DELETED>    (1) the balances of all outstanding expert 
        assistance loans made to the Seminole Nation of Oklahoma under 
        Public Law 88-168 (77 Stat. 301) and relating to Seminole 
        Nation v. United States (United States Court of Federal Claims 
        Docket No. 247) are canceled; and</DELETED>
        <DELETED>    (2) the Secretary shall take such action as is 
        necessary--</DELETED>
                <DELETED>    (A) to document the cancellation of loans 
                under paragraph (1); and</DELETED>
                <DELETED>    (B) to release the Seminole Nation of 
                Oklahoma from any liability associated with those 
                loans.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Gila River Indian 
Community Judgment Fund Distribution Act of 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

             TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION

Sec. 101. Distribution of judgment funds.
Sec. 102. Responsibility of Secretary; applicable law.

     TITLE II--CONDITIONS RELATING TO COMMUNITY JUDGMENT FUND PLANS

Sec. 201. Plan for use and distribution of judgment funds awarded in 
                            Docket No. 228.
Sec. 202. Plan for use and distribution of judgment funds awarded in 
                            Docket No. 236-N.

                   TITLE III--EXPERT ASSISTANCE LOANS

Sec. 301. Waiver of repayment of expert assistance loans to Gila River 
                            Indian Community.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) on August 8, 1951, the Gila River Indian Community 
        filed a complaint before the Indian Claims Commission in Gila 
        River Pima-Maricopa Indian Community v. United States, Docket 
        No. 236, for the failure of the United States to carry out its 
        obligation to protect the use by the Community of water from 
        the Gila River and the Salt River in the State of Arizona;
            (2) except for Docket Nos. 236-C and 236-D, which remain 
        undistributed, all 14 original dockets under Docket No. 236 
        have been resolved and distributed;
            (3) in Gila River Pima-Maricopa Indian Community v. United 
        States, 29 Ind. Cl. Comm. 144 (1972), the Indian Claims 
        Commission held that the United States, as trustee, was liable 
        to the Community with respect to the claims made in Docket No. 
        236-C;
            (4) in Gila River Pima-Maricopa Indian Community v. United 
        States, 684 F.2d 852 (1982), the United States Claims Court 
        held that the United States, as trustee, was liable to the 
        Community with respect to the claims made in Docket No. 236-D;
            (5) with the approval of the Community under Community 
        Resolution GR-98-98, the Community entered into a settlement 
        with the United States on April 27, 1999, for claims made under 
        Dockets Nos. 236-C and 236-D for an aggregate total of 
        $7,000,000;
            (6) on May 3, 1999, the United States Court of Federal 
        Claims ordered that a final judgment be entered in consolidated 
        Dockets Nos. 236-C and 236-D for $7,000,000 in favor of the 
        Community and against the United States;
            (7)(A) on October 6, 1999, the Department of the Treasury 
        certified the payment of $7,000,000, less attorney fees, to be 
        deposited in a trust account on behalf of the Community; and
            (B) that payment was deposited in a trust account managed 
        by the Office of Trust Funds Management of the Department of 
        the Interior; and
            (8) in accordance with the Indian Tribal Judgment Funds Use 
        or Distribution Act (25 U.S.C. 1401 et seq.), the Secretary is 
        required to submit an Indian judgment fund use or distribution 
        plan to Congress for approval.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Adult.--The term ``adult'' means an individual who--
                    (A) is 18 years of age or older as of the date on 
                which the payment roll is approved by the Community; or
                    (B) will reach 18 years of age not later than 30 
                days after the date on which the payment roll is 
                approved by the Community.
            (2) Community.--The term ``Community'' means the Gila River 
        Indian Community.
            (3) Community-owned funds.--The term ``Community-owned 
        funds'' means--
                    (A) funds held in trust by the Secretary as of the 
                date of enactment of this Act that may be made 
                available to make payments under section 101; or
                    (B) revenues held by the Community that--
                            (i) are derived from trust resources; and
                            (ii) qualify for an exemption under section 
                        7 or 8 of the Indian Tribal Judgment Funds Use 
                        or Distribution Act (25 U.S.C. 1407, 1408).
            (4) IIM account.--The term ``IIM account'' means an 
        individual Indian money account.
            (5) Judgment funds.--The term ``judgment funds'' means the 
        aggregate amount awarded to the Community by the Court of 
        Federal Claims in Dockets Nos. 236-C and 236-D.
            (6) Legally incompetent individual.--The term ``legally 
        incompetent individual'' means an individual who has been 
        determined to be incapable of managing his or her own affairs 
        by a court of competent jurisdiction.
            (7) Minor.--The term ``minor'' means an individual who is 
        not an adult.
            (8) Payment roll.--The term ``payment roll'' means the list 
        of eligible, enrolled members of the Community who are eligible 
        to receive a payment under section 101(a), as prepared by the 
        Community under section 101(b).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

             TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION

SEC. 101. DISTRIBUTION OF JUDGMENT FUNDS.

    (a) Per Capita Payments.--Notwithstanding the Indian Tribal 
Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) or any 
other provision of law (including any regulation promulgated or plan 
developed under such a law), the amounts paid in satisfaction of an 
award granted to the Gila River Indian Community in Dockets Nos. 236-C 
and 236-D before the United States Court of Federal Claims, less 
attorney fees and litigation expenses and including all accrued 
interest, shall be distributed in the form of per capita payments (in 
amounts as equal as practicable) to all eligible enrolled members of 
the Community.
    (b) Preparation of Payment Roll.--
            (1) In general.--The Community shall prepare a payment roll 
        of eligible, enrolled members of the Community that are 
        eligible to receive payments under this section in accordance 
        with the criteria described in paragraph (2).
            (2) Criteria.--
                    (A) Individuals eligible to receive payments.--
                Subject to subparagraph (B), the following individuals 
                shall be eligible to be listed on the payment roll and 
                eligible to receive a per capita payment under 
                subsection (a):
                            (i) All enrolled Community members who are 
                        eligible to be listed on the per capita payment 
                        roll that was approved by the Secretary for the 
                        distribution of the funds awarded to the 
                        Community in Docket No. 236-N (including any 
                        individual who was inadvertently omitted from 
                        that roll).
                            (ii) All enrolled Community members who are 
                        living on the date of enactment of this Act.
                            (iii) All enrolled Community members who 
                        died--
                                    (I) after the effective date of the 
                                payment plan for Docket No. 236-N; but
                                    (II) on or before the date of 
                                enactment of this Act.
                    (B) Individuals ineligible to receive payments.--
                The following individuals shall be ineligible to be 
                listed on the payment roll and ineligible to receive a 
                per capita payment under subsection (a):
                            (i) Any individual who, before the date on 
                        which the Community approves the payment roll, 
                        relinquished membership in the Community.
                            (ii) Any minor who relinquishes membership 
                        in the Community, or whose parent or legal 
                        guardian relinquishes membership on behalf of 
                        the minor, before the date on which the minor 
                        reaches 18 years of age.
                            (iii) Any individual who is disenrolled by 
                        the Community for just cause (such as dual 
                        enrollment or failure to meet the eligibility 
                        requirements for enrollment).
                            (iv) Any individual who is determined or 
                        certified by the Secretary to be eligible to 
                        receive a per capita payment of funds relating 
                        to a judgment--
                                    (I) awarded to another community, 
                                Indian tribe, or tribal entity; and
                                    (II) appropriated on or before the 
                                date of enactment of this Act.
                            (v) Any individual who is not enrolled as a 
                        member of the Community on or before the date 
                        that is 90 days after the date of enactment of 
                        this Act.
    (c) Notice to Secretary.--On approval by the Community of the 
payment roll, the Community shall submit to the Secretary a notice that 
indicates the total number of individuals eligible to share in the per 
capita distribution under subsection (a), as expressed in subdivisions 
that reflect--
            (1) the number of shares that are attributable to eligible 
        living adult Community members; and
            (2) the number of shares that are attributable to deceased 
        individuals, legally incompetent individuals, and minors.
    (d) Information Provided to Secretary.--The Community shall provide 
to the Secretary enrollment information necessary to allow the 
Secretary to establish--
            (1) estate accounts for deceased individuals described in 
        subsection (c)(2); and
            (2) IIM accounts for legally incompetent individuals and 
        minors described in subsection (c)(2).
    (e) Disbursement of Funds.--
            (1) In general.--Not later than 30 days after the date on 
        which the payment roll is approved by the Community and the 
        Community has reconciled the number of shares that belong in 
        each payment subdivision described in subsection (c), the 
        Secretary shall disburse to the Community the funds necessary 
        to make the per capita distribution under subsection (a) to 
        eligible living adult members of the Community described in 
        subsection (c)(1).
            (2) Administration and distribution.--On disbursement of 
        the funds under paragraph (1), the Community shall bear sole 
        responsibility for administration and distribution of the 
        funds.
    (f) Shares of Deceased Individuals.--
            (1) In general.--The Secretary, in accordance with 
        regulations promulgated by the Secretary and in effect as of 
        the date of enactment of this Act, shall distribute to the 
        appropriate heirs and legatees of deceased individuals 
        described in subsection (c)(2) the per capita shares of those 
        deceased individuals.
            (2) Absence of heirs and legatees.--If the Secretary and 
        the Community make a final determination that a deceased 
        individual described in subsection (c)(2) has no heirs or 
        legatees, the per capita share of the deceased individual and 
        the interest earned on that share shall--
                    (A) revert to the Community; and
                    (B) be deposited into the general fund of the 
                Community.
    (g) Shares of Legally Incompetent Individuals.--
            (1) In general.--The Secretary shall deposit the shares of 
        legally incompetent individuals described in subsection (c)(2) 
        in supervised IIM accounts.
            (2) Administration.--The IIM accounts described in 
        paragraph (1) shall be administered in accordance with 
        regulations and procedures established by the Secretary and in 
        effect as of the date of enactment of this Act.
    (h) Shares of Minors.--
            (1) In general.--The Secretary shall deposit the shares of 
        minors described in subsection (c)(2) in supervised IIM 
        accounts.
            (2) Administration.--
                    (A) In general.--The Secretary shall hold the per 
                capita share of a minor described in subsection (c)(2) 
                in trust until such date as the minor reaches 18 years 
                of age.
                    (B) Nonapplicable law.--Section 3(b)(3) of the 
                Indian Tribal Judgment Funds Use or Distribution Act 
                (25 U.S.C. 1403(b)(3)) shall not apply to any per 
                capita share of a minor that is held by the Secretary 
                under this Act.
                    (C) Disbursement.--No judgment funds, nor any 
                interest earned on judgment funds, shall be disbursed 
                from the account of a minor described in subsection 
                (c)(2) until such date as the minor reaches 18 years of 
                age.
    (i) Payment of Eligible Individuals Not Listed on Payment Roll.--
            (1) In general.--An individual who is not listed on the 
        payment roll, but is eligible to receive a payment under this 
        Act, as determined by the Community, may be paid from any 
        remaining judgment funds after the date on which--
                    (A) the Community makes the per capita distribution 
                under subsection (a); and
                    (B) all appropriate IIM accounts are established 
                under subsections (g) and (h).
            (2) Insufficient funds.--If insufficient judgment funds 
        remain to cover the cost of a payment described in paragraph 
        (1), the Community may use Community-owned funds to make the 
        payment.
            (3) Minors, legally incompetent individuals, and deceased 
        individuals.--In a case in which a payment described in 
        paragraph (2) is to be made to a minor, a legally incompetent 
        individual, or a deceased individual, the Secretary--
                    (A) is authorized to accept and deposit funds from 
                the payment in an IIM account or estate account 
                established for the minor, legally incompetent 
                individual, or deceased individual; and
                    (B) shall invest those funds in accordance with 
                applicable law.
    (j) Use of Residual Funds.--On request by the governing body of the 
Community to the Secretary, and after passage by the governing body of 
the Community of a tribal council resolution affirming the intention of 
the governing body to have judgment funds disbursed to, and deposited 
in the general fund of, the Community, any judgment funds remaining 
after the date on which the Community completes the per capita 
distribution under subsection (a) and makes any appropriate payments 
under subsection (i) shall be disbursed to, and deposited in the 
general fund of, the Community.
    (k) Reversion of Per-Capita Shares to Tribal Ownership.--
            (1) In general.--In accordance with the first section of 
        Public Law 87-283 (25 U.S.C. 164), the share for an individual 
        eligible to receive a per-capita share under subsection (a) 
        that is held in trust by the Secretary, and any interest earned 
        on that share, shall be restored to Community ownership if, for 
        any reason--
                    (A) subject to subsection (i), the share cannot be 
                paid to the individual entitled to receive the share; 
                and
                    (B) the share remains unclaimed for the 6-year 
                period beginning on the date on which the individual 
                became eligible to receive the share.
            (2) Request by community.--In accordance with subsection 
        (j), the Community may request that unclaimed funds described 
        in paragraph (1)(B) be disbursed to, and deposited in the 
        general fund of, the Community.

SEC. 102. RESPONSIBILITY OF SECRETARY; APPLICABLE LAW.

    (a) Responsibility for Funds.--After the date on which funds are 
disbursed to the Community under section 101(e)(1), the United States 
and the Secretary shall have no trust responsibility for the 
investment, supervision, administration, or expenditure of the funds 
disbursed.
    (b) Deceased and Legally Incompetent Individuals.--Funds subject to 
subsections (f) and (g) of section 101 shall continue to be held in 
trust by the Secretary until the date on which those funds are 
disbursed under this Act.
    (c) Applicability of Other Law.--Except as otherwise provided in 
this Act, all funds distributed under this Act shall be subject to 
sections 7 and 8 of the Indian Tribal Judgment Funds Use or 
Distribution Act (25 U.S.C. 1407, 1408).

     TITLE II--CONDITIONS RELATING TO COMMUNITY JUDGMENT FUND PLANS

SEC. 201. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS AWARDED IN 
              DOCKET NO. 228.

    (a) Definition of Plan.--In this section, the term ``plan'' means 
the plan for the use and distribution of judgment funds awarded to the 
Community in Docket No. 228 of the United States Claims Court (52 Fed. 
Reg. 6887 (March 5, 1987)), as modified in accordance with Public Law 
99-493 (100 Stat. 1241).
    (b) Conditions.--Notwithstanding any other provision of law, the 
Community shall modify the plan to include the following conditions 
with respect to funds distributed under the plan:
            (1) Applicability of other law relating to minors.--Section 
        3(b)(3) of the Indian Tribal Judgment Funds Use or Distribution 
        Act (25 U.S.C. 1403(b)(3)) shall not apply to any per capita 
        share of a minor that is held, as of the date of enactment of 
        this Act, by the Secretary.
            (2) Share of minors in trust.--The Secretary shall hold a 
        per capita share of a minor described in paragraph (1) in trust 
        until such date as the minor reaches 18 years of age.
            (3) Disbursal of funds for minors.--No judgment funds, nor 
        any interest earned on judgment funds, shall be disbursed from 
        the account of a minor described in paragraph (1) until such 
        date as the minor reaches 18 years of age.
            (4) Use of remaining judgment funds.--On request by the 
        governing body of the Community, as manifested by the 
        appropriate tribal council resolution, any judgment funds 
        remaining after the date of completion of the per capita 
        distribution under section 101(a) shall be disbursed to, and 
        deposited in the general fund of, the Community.

SEC. 202. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS AWARDED IN 
              DOCKET NO. 236-N.

    (a) Definition of Plan.--In this section, the term ``plan'' means 
the plan for the use and distribution of judgment funds awarded to the 
Community in Docket No. 236-N of the United States Court of Federal 
Claims (59 Fed. Reg. 31092 (June 16, 1994)).
    (b) Conditions.--
            (1) Per capita aspect.--Notwithstanding any other provision 
        of law, the Community shall modify the last sentence of the 
        paragraph under the heading ``Per Capita Aspect'' in the plan 
        to read as follows: ``Upon request from the Community, any 
        residual principal and interest funds remaining after the 
        Community has declared the per capita distribution complete 
        shall be disbursed to, and deposited in the general fund of, 
        the Community.''.
            (2) General provisions.--Notwithstanding any other 
        provision of law, the Community shall--
                    (A) modify the third sentence of the first 
                paragraph under the heading ``General Provisions'' of 
                the plan to strike the word ``minors''; and
                    (B) insert between the first and second paragraphs 
                under that heading the following:
        ``Section 3(b)(3) of the Indian Tribal Judgment Funds Use or 
        Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply to any 
        per capita share of a minor that is held, as of the date of 
        enactment of the Gila River Indian Community Judgment Fund 
        Distribution Act of 2002, by the Secretary. The Secretary shall 
        hold a per capita share of a minor in trust until such date as 
        the minor reaches 18 years of age. No judgment funds, or any 
        interest earned on judgment funds, shall be disbursed from the 
        account of a minor until such date as the minor reaches 18 
        years of age.''.

                   TITLE III--EXPERT ASSISTANCE LOANS

SEC. 301. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO GILA RIVER 
              INDIAN COMMUNITY.

    Notwithstanding any other provision of law--
            (1) the balance of all outstanding expert assistance loans 
        made to the Community under Public Law 88-168 (77 Stat. 301) 
        and relating to Gila River Indian Community v. United States 
        (United States Court of Federal Claims Docket Nos. 228 and 236 
        and associated subdockets) are canceled; and
            (2) the Secretary shall take such action as is necessary--
                    (A) to document the cancellation of loans under 
                paragraph (1); and
                    (B) to release the Community from any liability 
                associated with those loans.




                                                       Calendar No. 635

107th CONGRESS

  2d Session

                                S. 2799

                          [Report No. 107-298]

_______________________________________________________________________

                                 A BILL

To provide for the use and distribution of certain funds awarded to the 
   Gila River Pima-Maricopa Indian Community, and for other purposes.

_______________________________________________________________________

                            October 4, 2002

                       Reported with an amendment